WILMINGTON, Del. (Legal Newsline) – The affidavits of a man who died two days before a scheduled deposition in his asbestos lawsuit will be admitted as evidence, over the objections of the remaining defendants.
Judge Vivian Medinilla, of the Delaware Superior Court, reached that decision on July 1 in the case of Charles Ogg, who passed nearly six years ago.
He had submitted sworn statements about his work history and potential exposure to asbestos-containing products in July 2014, but died in October 2014 before defendants got a chance to question him about them.
They sought to keep the affidavits out of court as hearsay, but Judge Medinilla wrote they were “dying declarations” and subject to residual exceptions.
“Although Defendants argue they cannot challenge the credibility of his accounts, the question before this Court is as to the admissibility – not credibility – of the affidavits,” the decision says.
“The jury decides issues related to witness credibility and resolves conflicts in testimony, if any.”
The defendants will be allowed to present impeachment evidence to undermine Ogg’s statements, possibly by finding corporate representatives, co-workers or family who contradict them.